Privacy Policy
Effective Date: January 1, 2020
Your privacy is important to Woodchase Apartments (“Woodchase,” “we,” “us” or “our”). This privacy policy ("Privacy Policy") describes the online and offline collection of personal information by Woodchase Apartments, including the types of information we gather from those persons visiting the Internet website, www.woodchaseapartments.com, (the "Site"), and other information we collect in person or over the phone, and how we use that information. By using our websites and services (collectively, the “Services”), you acknowledge you have read and understood the terms and conditions of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Services.
Your use of the Services is also governed by our Terms of Use.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST WOODCHASE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. WHAT INFORMATION DO WE COLLECT?
We collect the following information from and about you and in the following ways:
Your name, phone number, email address, and preferences, such as number of bedrooms and desired move-in date, when you contact us with a question or request further information.
Your name, email address, physical address, and phone number when you apply to lease an apartment. We may also collect additional information, such as your Social Security Number, if you choose to provide such information to us.
Your name, email address and password when you sign up for an account through our Resident Portal. When you click on the Resident Portal, you are taken to a site provided by Yardi, the third party service provider that hosts our Resident Portal. Through the Resident Portal, you may also be asked to provide your payment information, so you can pay your rent online. This information is collected on behalf of Woodchase and processed by Yardi. We use the information collected through the Resident Portal to provide the Services, but we may also use such information for marketing purposes.
Certain information about how you and your devices interact with the Site is automatically collected when you use the Site. We use cookies and other similar technologies to collect this information. A cookie is a small text file that a website asks your browser to store on your computer or mobile device. For more information about cookies, please see Section 9 below.
Additionally, Yardi offers integration with Amazon Alexa to make it easy for renters to check account balances, pay rent, submit maintenance requests and reserve amenities. If you have enabled this skill through the Alexa Skills Store or through the Alexa App, we will collect your voice command for the purposes of fulfilling your request. The collection, use and disclosure of personal information in connection with your use of Amazon Alexa is governed by Amazon’s privacy policy, available at https://www.amazon.com/gp/help/customer/display.html?nodeId=201909010&pop-up=1. We are not responsible for any information you provide to your Amazon Alexa.
2. WHAT DO WE DO WITH YOUR INFORMATION?
We use the information we collect from and about you for the following purposes:
To provide our Services.
To process rent payments through our third party payment processor.
To send you marketing communications.
To respond to inquiries.
To improve user experiences by making our Site easier to use and navigate.
For other legitimate business purposes.
3. HOW DO WE DISCLOSE YOUR INFORMATION?
We may release, disclose, disseminate, make available, transfer, or otherwise communicate the information described in Section 1 above to the following categories of third parties in the following circumstances:
To third party service providers, agents or independent contractors who help us maintain our Services and provide other administrative services to us.
We may share email addresses collected through the resident portal with social media platforms, such as Facebook, for our own marketing purposes.
We may share your personal information in the course of any reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
We may disclose your personal information to law enforcement, government agencies, and other related third parties, in order to comply with the law, enforce our policies, or protect our or others’ rights, property or safety.
4. OPT-OUT
When you provide us with personal information by completing a contact form, it is implied that you consent to our collecting it and using such information for the specific purpose of responding to your request or inquiry only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us by email at www.woodchaseapartments.com or mailing us at: Woodchase Apartments, 2795 San Leandro Blvd, San Leandro, CA 94578. We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
Additionally, we may send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, you cannot opt out of these communications, but they will be primarily informational in nature, rather than promotional.
5. COLLECTION AND USE OF INFORMATION FROM CHILDREN
Our Services are not intended for children. We do not knowingly collect personal information from children, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such personal information as soon as possible.
6. THIRD-PARTY SERVICES, LINKS, AND SOCIAL PLUG-INS
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction that either you or us.
Our websites contain links to other sites. In general, we are not responsible for the privacy practices or content of such other sites. Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy unless the third party website says that the collection of personal information is subject to our Privacy Policy, for example, in the case of our Resident Portal, which links to a site hosted by Yardi, one of our third party service providers.
In particular, our Site uses the following social media plug-ins: Facebook, Twitter, and Instagram. The plug-ins can be identified by the social media buttons marked with the logo of the provider of the respective social media networks. We have implemented these plug-ins using a 2-click solution, which means that when you use our Site, personal information will not initially be collected by the providers of these social media plug-ins. Only if you click on one of the plug-ins will your personal information be transmitted. By activating the plug-in, information is automatically transmitted to the respective plug-in provider and stored by them. We neither have influence over the information collected and processing operations conducted by the providers, nor are we aware of the full extent of information collection, purposes, or the retention periods. Information on the purpose and scope of information collection and its processing by the plug-in provider can be found in the respective privacy policies of these providers, where you will also find further information on your rights and options for privacy protection.
Facebook Inc., https://www.facebook.com/privacy/explanation.
Twitter, Inc., https://twitter.com/privacy.
Instagram, https://help.instagram.com/519522125107875.
7. SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
8. COOKIES
Where necessary, this Site uses cookies to store information about a visitor's preferences and history in order to better serve the visitor and/or present the visitor with customized content. We, and third parties we allow, use cookies and other similar technologies. We may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:
Essential. Some cookies are essential in order to enable you to move around our Site and use its features, such as accessing secure areas of our Site. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
Analytics. Personal information collected via cookies for analytics purposes may include: information about your browser, network, and device; web pages you visited prior to coming to our Site; IP address; clicks; internal links; pages visited; scrolling; searches; and timestamps. We use this information to learn about site traffic and activity. In particular, we use Google Analytics to measure how you interact with our Site and to improve your user experience. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.
Targeted Advertising. Third parties, such as Google, may use cookies and other similar technologies to collect or receive information from our Site and elsewhere on the Internet and use that information to provide you with targeted ads. If you would like to opt-out of such advertising practices on the particular device on which you are accessing this Privacy Policy, please go to http://optout.aboutads.info/.
There are several ways to manage cookies. You can control the use of cookies at the browser level, by instructing your browser to accept cookies, disable cookies or notify you when receiving a new cookie. Please note that if you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited. The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.
9. INTERNATIONAL DATA TRANSFERS
Woodchase is located in the US. If you choose to provide us with information, please understand that your personal information may be transferred to the US and that we may transfer that information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union (“EU”) or other regions with laws governing data collection and use that may differ from US law, please note that you are transferring your personal information to the US and other jurisdictions which may not have the same data protection laws as the EU. We put in place appropriate operational, procedural and technical measures in order to ensure the protection of your personal information. You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personal information may be transferred to the US and other jurisdictions as indicated above, in accordance with applicable law.
10. ASSIGNMENT
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the Services.
11. DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, by using the Services, you and Woodchase agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
Us, at Woodchase Apartments, 2795 San Leandro Blvd, San Leandro, CA 94578 or
You, at the address we have on file for you.
Both you and Woodchase agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
12. CHOICE OF LAW
This Privacy Policy has been made in and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13. HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
At this time our Site does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
14. YOUR CALIFORNIA PRIVACY RIGHTS
Under California law, we are required to provide the following information about the personal information we have collected in the past 12 months for the following categories of information:
Identifiers
Source(s):
Directly from you
Purpose:
To provide our Services
To process rent payments through our third party payment processor
To send you marketing communications
To respond to inquiries
Categories of Third Parties with whom we share personal information:
Social media platforms
Analytics providers
Third party service providers, agents or independent contractors
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Source(s):
Directly from you
Purpose:
To provide our Services
To process rent payments through our third party payment processor
Categories of Third Parties with whom we share personal information:
Third party service providers, agents or independent contractors
Protected classification characteristics under California or federal law
Source(s):
Directly from you
Purpose:
To provide our Services
Categories of Third Parties with whom we share personal information:
Third party service providers, agents or independent contractors
Commercial Information
Source(s):
Directly from you
From third parties that interact with us in connection with the services we perform
Purpose:
To provide our Services
To process rent payments through our third party payment processor
Categories of Third Parties with whom we share personal information:
Third party service providers, agents or independent contractors
Internet or other similar network activity
Source(s):
Indirectly from you, i.e., from observing your actions on our Site
From third parties that interact with us in connection with the services we perform
Purpose:
To provide our Services
To send you marketing communications
To improve user experiences by making our Site easier to use and navigate
Categories of Third Parties with whom we share personal information:
Third party service providers, agents or independent contractors
Geolocation data
Source(s):
Directly from you
Purpose:
To provide our Services
To process rent payments through our third party payment processor
Categories of Third Parties with whom we share personal information:
Third party service providers, agents or independent contractors
Professional or employment-related information
Source(s):
Directly from you
Purpose:
To provide our Services
Categories of Third Parties with whom we share personal information:
Third party service providers, agents or independent contractors
Inferences drawn from other personal information
Source(s):
Indirectly from you, i.e., from observing your actions on our Site
From third-parties that interact with us in connection with the services we perform
Purpose:
To provide our Services
To send you marketing communications
To improve user experiences by making our Site easier to use and navigate
Categories of Third Parties with whom we share personal information:
Social media platforms
Analytics providers
Third party service providers, agents or independent contractors
If you are a California consumer, from January 1, 2020, you have the following rights:
Right to Know – You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. Please see the chart above.
You also have the right to request information about our sale or disclosure for business purposes of your personal information to third parties. Please see Section 3 above.
Right to Opt-Out of Sale – You have the right to opt out of the sale of your personal information to third parties. From January 1, 2020, you can exercise this right through the “Do Not Sell My Personal Information” link in the footer of our Site. Please note we do not sell the personal information of minors under 16 years of age without affirmative authorization.
Right to Request Deletion – You have the right to request the deletion of your personal information.
Right to Non-Discrimination – You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the above rights, you can contact us using the contact information provided in Section 16 below. We may need you to provide additional information to verify your request, such as providing data elements so that we can confirm they match the information already maintained by us. We will not use this additional information for anything other than handling your request. Please note that you may designate an authorized agent to make a request under the CCPA on your behalf. Such authorized agent must be registered with the California Secretary of State.
Additionally, California Civil Code Section 1798.83 permits visitors to the Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share personal information with third parties for their direct marketing purposes.
15. CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this policy, we will update the “Effective Date” above and notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
16. CONTACT INFORMATION
If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, contact us at:
Woodchase Apartments
2795 San Leandro Blvd.
San Leandro, CA 94578
Email: Leasing@woodchaseapartments.com
Phone: 1-510-513-4067